California  |  Medical Leave

question bubble
5/25/08, 6:44 pm

Legal Question


Benefit Termination Upon Return to Work

My employer requires 80 hours of work in one month in order for benefits to be paid for the following month. If an employee is on an approved FMLA continuous leave and is scheduled to return to work with less than 80 hours remaining, can the employer terminate benefits? Taking into consideration that the employee was out on approved, protected time for the majority of the month and they are not able to satisfy the 80 hours of work, since 80 hours do not remain in the month?


Search Past Answers:
  Advanced Search